This page summarizes cases raised with Italy by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Italy.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Italy, English).
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Observations
Response to communication
The Special Rapporteur regrets that he has not yet received a response to his communication sent on 28 August 2015 (ITA 4/2015) and reminds the Government of Italy that he considers responses to his communications as an important part of the cooperation of Governments with his mandate.
In the case of the co-founder and Director of the human rights organization Alkarama, Mr. Rachid Mesli, the Special Rapporteur welcomes his release following the ruling by the Turin Court of Appeal. The Court recognised Mr. Mesli’s important and peaceful work in the defence of human rights, as well as the high risk of him facing torture if he were to be extradited to Algeria. However, he reiterates his concern about the arrest of Mr. Mesli, and his physical safety and psychological well-being had he been returned to Algeria (ITA 4/2015). Mr. Mesli was previously been detained incommunicado, beaten, threatened and convicted of having “encouraged terrorism” in Algeria. He subsequently received a presidential pardon. After corresponding with victims of human rights violations in Algeria, he was once again charged with terrorist offences and later sentenced to 20 years imprisonment in absentia by an Algerian court. Whilst travelling to Italy with his family for a holiday in August 2015, Mr. Mesli was arrested at the Swiss-Italian border for three days, after which an Italian judge granted Algeria 10 days to make a request for extradition.
The Special Rapporteur refers the Government of Italy to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which it is a party. The Convention that “[n]o State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture,” which, in the case of Mr. Mesli would be reportedly due to his peaceful and legitimate activities in promoting human rights in Algeria.
He refers to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which provides that “[f]or the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.” Moreover, he calls on all States, including Italy to take all necessary steps to secure the rights to freedom of peaceful assembly and association, as per article 21 and 22 of the International Covenant on Civil and Political Rights.
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For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
